Cholota ‘free to leave’ after extradition ruled unlawful
The High Court in Bloemfontein has found the extradition of former Free State Premier Ace Magashule’s personal assistant to have been unlawful.
Moroadi Cholota, who was among those standing trial for the multi-million-rand asbestos corruption case, was brought in from the United States in August last year.
A warrant for her arrest had been issued for her when she allegedly refused to cooperate with the authorities.
Cholota challenged the lawfulness of her arrest, arguing that the extradition process was flawed and that the High Court did not have jurisdiction to try her.
READ:Cholota bail hearing: State contends Magashule’s ex-PA ‘likely to evade trial’
On Tuesday, Judge Philip Loubser found that the state presented incorrect information to the US authorities.
The Supreme Court of Appeal previously found that the Minister for Justice, not the National Prosecuting Authority, has the power to make an extradition request.
“Two South African courts had already made this finding, and the US authorities relied on this information in good faith and actioned the extradition on an unknowingly unlawful basis,” said Judge Loubser in his ruling.
“I make the following order: the extradition of Ms Cholota from the United States of America to the Republic of South Africa is declared to have been done unlawfully for want of a valid and lawful request for her extradition by the South African executive power. Secondly, this court does not have the jurisdiction to try Ms Cholota on the offences she is charged with. Ms Cholota, you are free to leave.”
The court erupted into cheers from Cholota’s legal team and supporters after Loubser adjourned proceedings.
Cholota was visibly relieved as she lowered her head onto the table and cried.
Meanwhile, the NPA’s Mthunzi Mhaga said they were “taken aback” by the court judgment.
“We’ll have to regroup as a team and reflect on the judgment to see if we can identify grounds upon which the judgment can be appealed.”
The trial for the main case was set for 15 April to 23 June 2025.
Magashule, controversial businessman Edwin Sodi, and the other co-accused will return to court without Cholota, who was accused number 17 in the matter.
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